18 executions during Scott's term

Published: Monday, June 30, 2014 at 8:10 a.m.

Last Modified: Monday, June 30, 2014 at 8:10 a.m.

TALLAHASSEE — Gov. Rick Scott ran on a platform of creating more jobs and reviving Florida's economy in 2010.

How well he accomplished that will be at the center of the debate of his re-election this fall. But Scott has already cemented one legacy that won't be debated and he did not even contemplate in his initial bid for public office.

Scott has presided over 18 executions, including 13 in the last two years, the most executions carried out by any Florida governor in a single term since the death penalty was reinstated in the 1970s.

With another execution scheduled in 10 days, Scott has already exceeded the 15 executions carried out in Gov. Bob Graham's second term. Only Jeb Bush, who oversaw 21 executions in two terms over eight years, remains ahead of Scott.

Yet Scott, a lawyer and former health care executive, said the use of the death penalty was far from his focus when he ran and beat Alex Sink in a closely fought race in 2010.

Shortly before the June 18 execution of John Henry, a Pasco County man who stabbed his wife and stepson to death in 1985, Scott described the death penalty as "a solemn duty of the governor."

"It's not something I thought about when I was going to run," Scott said. "But I uphold the laws of the land. When I think about the executions I think about the families, the stories of what happened to these individuals. I think about them."

Death penalty opponents warn an increase in executions in Florida could potentially lead to a miscarriage of justice, pointing to research from the Death Penalty Information Center that shows Florida leads the nation with 23 prisoners being exonerated from death sentences.

"The rate of executions in Florida is alarming, especially because of the many flaws in our state's system of administering sentences of death," said Baylor Johnson, a spokesperson for the ACLU of Florida.

Florida continues to outpace most other states in carrying out the death penalty and may even reach parity — if only briefly — with Texas, which has long been the national death penalty leader.

On July 10, Florida is scheduled to execute Eddie Wayne Davis for the kidnapping, rape and murder of an 11-year-old girl in Polk County. It would be the seventh execution carried out this year and put Florida in the unusual position of having the same number of executions as Texas.

Texas is likely to exceed Florida by the year's end, with another five executions already scheduled. And last year, Texas executed 16 prisoners compared with Florida's seven.

But Florida's relative parity with Texas signals that the state continues to embrace the death penalty despite a national trend away from its use. Florida and Texas are among only six states this year that have executed prisoners.

Other signs that Florida is aggressively using the death penalty include:

Florida annually condemns more prisoners to Death Row than nearly every other state. In 2013, Florida sentenced 14 prisoners to death, exceeding Texas' nine death sentences. Only California, with 24 death sentences, had more, although California has not had an execution since 2006.

In 2012, Florida sent 20 prisoners to Death Row, nearly reaching the combined total of 22 death sentences in Texas and California, two larger states.

Florida has the second-largest Death Row in the country, with 396 prisoners.

The ACLU has pushed for Florida to change its sentencing system that allows a simple majority of the jury to recommend a death sentence. A bill requiring unanimous jury recommendations died in the 2014 legislative session.

Johnson also said the "Timely Justice Act," a measure passed last year and signed by Scott that is designed to reduce delays in carrying out executions, could limit the ability of prisoners to challenge their sentences.

"This combination of forces increases the likelihood of the nightmare scenario — our state killing a person for a crime they didn't commit," Johnson said. "Gov. Scott didn't run in 2010 to be Florida's 'death penalty governor,' but because he has spent his time in office without seeking to fix the problems that plague the system, that will be his legacy."

But don't expect capital punishment to become an issue in this year's governor's race. Scott's likely opponent, former Gov. Charlie Crist's tough-on-crime stance once earned him the nickname "Chain Gang Charlie." The state's apparent tolerance to capital punishment is reflected in few protests and little media coverage surrounding executions.

In addition, Scott's actions are in line with state lawmakers who overwhelmingly support the death penalty.

"Gov. Scott has taken his responsibility to sign death warrants very seriously and I commend him for that," said House Criminal Justice Chairman Matt Gaetz, R-Fort Walton Beach.

Gaetz said Florida "is a death penalty state for a good reason," pointing to a 42-year low in the crime rate as well as a one-third reduction in violent crimes in the last six years.

"Something we're doing must be working, and I don't think Floridians are too up for wholesale changes to a criminal justice system that has dramatically reduced the crime rate," Gaetz said.

Gaetz and other lawmakers bolstered Florida's support for the death penalty last year when they passed the Timely Justice Act. Among other provisions, it requires the Supreme Court to notify the governor when Death Row prisoners have exhausted their initial state and federal appeals. "I'm a believer in the death penalty, but I concede the point that when you don't have executions within any reasonable proximity to the homicide the deterrent value of the death penalty is greatly diminished," Gaetz said.

But Gaetz said other factors can impact Florida's ability to carry out executions, pointing to the May decision by the U.S. Supreme Court that overturned Florida's procedure for determining whether Death Row inmates were mentally competent. He said the ruling could open a new avenue of appeals for Florida inmates and lead to new delays.

"There are hiccups that affect Florida's system that are outside of our control," Gaetz said.

Richard Dieter, executive director of the Death Penalty Information Center in Washington, D.C., which tracks national trends in the use of the death penalty, downplayed the impact of the recent changes in Florida law on the state's executions.

But he said: "I think the Timely Justice Act is emblematic of a political willingness to go forward with executions."

Dieter said the uptick in Florida's executions may also reflect the fact that many inmates have been on Death Row for decades and their appeals have been exhausted.

Last year, legislative analysts said 150 Death Row inmates had been held more than 20 years and 10 more than 35 years, with the average length of time spent on Death Row at little more than 13 years. Davis, the inmate scheduled to be executed next month, has been on Death Row nearly two decades.

But even as Florida and Texas remain at the forefront of states willing to carry out executions, Dieter said the national trends have been moving downward. Last year, 39 prisoners were executed in the U.S., compared with 98 in 1999.

At its peak, Texas sentenced 48 prisoners to death in 1999, while Florida reached a peak of 45 death sentences in 1991, according to Dieter's research.

Yet, since 2004, Florida has sentenced more prisoners to death than Texas in each year.

Dieter said Florida's willingness to impose the death penalty coupled with its large Death Row population could eventually lead to Florida exceeding Texas in annual executions.

"Death sentences are what results in executions," Dieter said.

States that tend to carry out executions usually reflect "a perfect storm of agreement" among the governor, lawmakers and courts about the death penalty, Dieter said.

In contrast is California, which sentences a lot of prisoners to death but rarely imposes the penalty. In fact, more executions have occurred in Florida under Scott — 18 — than have been carried out in the nation's largest state since reinstating the death penalty in the 1970s — 13 prisoners.

"California is ambivalent about even having the death penalty," Dieter said. "They don't have enough support to get rid of it. But they don't have enough support to carry it out regularly.

<p>TALLAHASSEE — Gov. Rick Scott ran on a platform of creating more jobs and reviving Florida's economy in 2010.</p><p>How well he accomplished that will be at the center of the debate of his re-election this fall. But Scott has already cemented one legacy that won't be debated and he did not even contemplate in his initial bid for public office.</p><p>Scott has presided over 18 executions, including 13 in the last two years, the most executions carried out by any Florida governor in a single term since the death penalty was reinstated in the 1970s.</p><p>With another execution scheduled in 10 days, Scott has already exceeded the 15 executions carried out in Gov. Bob Graham's second term. Only Jeb Bush, who oversaw 21 executions in two terms over eight years, remains ahead of Scott.</p><p>Yet Scott, a lawyer and former health care executive, said the use of the death penalty was far from his focus when he ran and beat Alex Sink in a closely fought race in 2010.</p><p>Shortly before the June 18 execution of John Henry, a Pasco County man who stabbed his wife and stepson to death in 1985, Scott described the death penalty as "a solemn duty of the governor."</p><p>"It's not something I thought about when I was going to run," Scott said. "But I uphold the laws of the land. When I think about the executions I think about the families, the stories of what happened to these individuals. I think about them."</p><p>Death penalty opponents warn an increase in executions in Florida could potentially lead to a miscarriage of justice, pointing to research from the Death Penalty Information Center that shows Florida leads the nation with 23 prisoners being exonerated from death sentences.</p><p>"The rate of executions in Florida is alarming, especially because of the many flaws in our state's system of administering sentences of death," said Baylor Johnson, a spokesperson for the ACLU of Florida.</p><p>Florida continues to outpace most other states in carrying out the death penalty and may even reach parity — if only briefly — with Texas, which has long been the national death penalty leader.</p><p>On July 10, Florida is scheduled to execute Eddie Wayne Davis for the kidnapping, rape and murder of an 11-year-old girl in Polk County. It would be the seventh execution carried out this year and put Florida in the unusual position of having the same number of executions as Texas.</p><p>Texas is likely to exceed Florida by the year's end, with another five executions already scheduled. And last year, Texas executed 16 prisoners compared with Florida's seven.</p><p>But Florida's relative parity with Texas signals that the state continues to embrace the death penalty despite a national trend away from its use. Florida and Texas are among only six states this year that have executed prisoners.</p><p>Other signs that Florida is aggressively using the death penalty include:</p><p>Florida annually condemns more prisoners to Death Row than nearly every other state. In 2013, Florida sentenced 14 prisoners to death, exceeding Texas' nine death sentences. Only California, with 24 death sentences, had more, although California has not had an execution since 2006.</p><p>In 2012, Florida sent 20 prisoners to Death Row, nearly reaching the combined total of 22 death sentences in Texas and California, two larger states.</p><p>Florida has the second-largest Death Row in the country, with 396 prisoners.</p><p>The ACLU has pushed for Florida to change its sentencing system that allows a simple majority of the jury to recommend a death sentence. A bill requiring unanimous jury recommendations died in the 2014 legislative session.</p><p>Johnson also said the "Timely Justice Act," a measure passed last year and signed by Scott that is designed to reduce delays in carrying out executions, could limit the ability of prisoners to challenge their sentences.</p><p>"This combination of forces increases the likelihood of the nightmare scenario — our state killing a person for a crime they didn't commit," Johnson said. "Gov. Scott didn't run in 2010 to be Florida's 'death penalty governor,' but because he has spent his time in office without seeking to fix the problems that plague the system, that will be his legacy."</p><p>But don't expect capital punishment to become an issue in this year's governor's race. Scott's likely opponent, former Gov. Charlie Crist's tough-on-crime stance once earned him the nickname "Chain Gang Charlie." The state's apparent tolerance to capital punishment is reflected in few protests and little media coverage surrounding executions.</p><p>In addition, Scott's actions are in line with state lawmakers who overwhelmingly support the death penalty.</p><p>"Gov. Scott has taken his responsibility to sign death warrants very seriously and I commend him for that," said House Criminal Justice Chairman Matt Gaetz, R-Fort Walton Beach.</p><p>Gaetz said Florida "is a death penalty state for a good reason," pointing to a 42-year low in the crime rate as well as a one-third reduction in violent crimes in the last six years.</p><p>"Something we're doing must be working, and I don't think Floridians are too up for wholesale changes to a criminal justice system that has dramatically reduced the crime rate," Gaetz said.</p><p>Gaetz and other lawmakers bolstered Florida's support for the death penalty last year when they passed the Timely Justice Act. Among other provisions, it requires the Supreme Court to notify the governor when Death Row prisoners have exhausted their initial state and federal appeals. "I'm a believer in the death penalty, but I concede the point that when you don't have executions within any reasonable proximity to the homicide the deterrent value of the death penalty is greatly diminished," Gaetz said.</p><p>But Gaetz said other factors can impact Florida's ability to carry out executions, pointing to the May decision by the U.S. Supreme Court that overturned Florida's procedure for determining whether Death Row inmates were mentally competent. He said the ruling could open a new avenue of appeals for Florida inmates and lead to new delays.</p><p>"There are hiccups that affect Florida's system that are outside of our control," Gaetz said.</p><p>Richard Dieter, executive director of the Death Penalty Information Center in Washington, D.C., which tracks national trends in the use of the death penalty, downplayed the impact of the recent changes in Florida law on the state's executions.</p><p>But he said: "I think the Timely Justice Act is emblematic of a political willingness to go forward with executions."</p><p>Dieter said the uptick in Florida's executions may also reflect the fact that many inmates have been on Death Row for decades and their appeals have been exhausted.</p><p>Last year, legislative analysts said 150 Death Row inmates had been held more than 20 years and 10 more than 35 years, with the average length of time spent on Death Row at little more than 13 years. Davis, the inmate scheduled to be executed next month, has been on Death Row nearly two decades.</p><p>But even as Florida and Texas remain at the forefront of states willing to carry out executions, Dieter said the national trends have been moving downward. Last year, 39 prisoners were executed in the U.S., compared with 98 in 1999.</p><p>At its peak, Texas sentenced 48 prisoners to death in 1999, while Florida reached a peak of 45 death sentences in 1991, according to Dieter's research.</p><p>Yet, since 2004, Florida has sentenced more prisoners to death than Texas in each year.</p><p>Dieter said Florida's willingness to impose the death penalty coupled with its large Death Row population could eventually lead to Florida exceeding Texas in annual executions.</p><p>"Death sentences are what results in executions," Dieter said.</p><p>States that tend to carry out executions usually reflect "a perfect storm of agreement" among the governor, lawmakers and courts about the death penalty, Dieter said.</p><p>In contrast is California, which sentences a lot of prisoners to death but rarely imposes the penalty. In fact, more executions have occurred in Florida under Scott — 18 — than have been carried out in the nation's largest state since reinstating the death penalty in the 1970s — 13 prisoners.</p><p>"California is ambivalent about even having the death penalty," Dieter said. "They don't have enough support to get rid of it. But they don't have enough support to carry it out regularly.</p>